...The offence of Burglary has gone through significant changes over the years in terms of its meaning and what constitutes the offence. Under common Law, burglary is defined as the breaking and entering of a dwelling at nighttime, with the intent to commit a felony inside. The elements for burglary under Common Law are as follows, (1) Breaking and entering, (2) Of the dwelling of another, (3) During the nighttime and (4) With Intent to commit a felony inside. The nighttime and breaking were to protect citizens in the sanctity of their homes when they were most vulnerable. As time changed, burglary offence took on a different meaning. In most jurisdictions, today, some of the elements are relaxed and is no longer a requirement to prove burglary. For instance, the nighttime element is no longer required under most modern day statutes, which means that a burglary can occur at broad daylight as opposed to under Common Law. Also at Common Law, the breaking and entering must take place at a dwelling belonging to another with intent to commit a felony. Again, this is no longer the case in most states. Several changes have been made in this regard as it relates to the type of property being targeted and the level or type of crime intended to prove burglary. Firstly, there is no requirement for the building to be a dwelling. Pennsylvania’s burglary statute capture some of these changes which states: A person is guilty of burglary if he enters a building or occupied structure, or separately...
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...describing what criminal law means that the society is protected thru this laws and the violation of this laws by any person will result in imprisonment or fines. The fines or time of imprisonment for the violator of the law will depend on the grade of the law broken. Criminal laws are made to protect everybody in the society, and to prevent crimes from happening. To give an example of a criminal law that has been broken could be a murder. If somebody kills another person to rob him or just make danger then this person will be prosecuted for violating a criminal law. Civil laws are a bit different from criminal laws because they are created to compensate the persons or entity when they have been affected by the broken law of another person. For example if someone crashed their car into a house then this person should pay the homeowner for the damages and to repair it. Also in the civil laws business are cover and if somebody do something to affect a company then they are breaking a civil law. These laws is mainly created to protect not only the people’s properties but to protect business. Both of these laws are somewhat easy to understand because they clearly state what they mean and what are they for. Both of these topics can be applied in my line of work in any type of situation, for example if working in the dealership a crash a car into a property then the civil law will be applied on me and if a kill someone with this crash I can be prosecuted for breaking a criminal...
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...Rosharon Ashford, S. Lashaun McFarland, Raishard Page LAW/421 August 8, 2013 Machelle Thompson Weekly Reflection This course, Law/421, will review the U.S. legal system. Team B attended class last week and discussed substantive law, procedural law, criminal law, civil law, common law, and statutory law. Some laws are easier to understand but in the next few weeks, Team B will continue to meet and discuss class lectures. Substantive Law Substantive laws provide individuals with rights and create certain duties. For example, this law would state that if a person damages someone’s property, such as breaking window or damaging a car, and not reporting it could be a crime. Procedural Law Procedural law is guidelines which courts deal with breaches in substantive law. As stated in the example above, procedure law would define how the courts would go to court and try to sentence a person for damaging someone’s property. The Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. Civil Law Civil law will allow the courts to go after a suspected party accused of wrong doing in order to seek compensation for the said victimized party. A judge will look into the facts of a case before deciding what the compensation will be, but most often it is in monetary form. For example, a victim feels there was no justice in her case, and...
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...In Frank Trippett’s excerpt, “A Red Light for Scofflaws”, he discusses the issue of more and more Americans breaking casual, everyday laws. He first brings the issue about by explaining that laws are put in place to benefit society for the good. Trippett continues his argument by stating America’s current slogan: “You’re a fool if you obey the rules.” Trippett's purpose is to inform people of the growing population of people contributing to lawbreaking so that more people will live by the laws intended to keep them safe and sound, even if the law is minor. More and more Americans will continue to be called criminals or lawbreakers because even everyday people are starting to break the rules. Most people would feel that Trippett’s argument...
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...Sanctions & Criminal Justice CJS/220 5/17/2014 Microsoft Christina Israel Our criminal justice system works on four different philosophies of punishment. They take those four punishment philosophies and apply them to the law of keeping others safe. Most of the philosophies are pretty self explanatory. I am going to go through them all and show how each affects the post-conviction process and how sections relate to the each punishment philosophy. The first one, which most of us are very familiar with is Deterrence. Deterrence is when you attempt to scare people from committing crimes because they do not want to be punished for them. This philosophy occurs in one of two forms. A person will not commit a crime because they have learned from the punishment they have already received from committing a crime before. For example, if a person was driving their car at 50 mile an hour, while the speed limit is set for 35mph, that person could very well be pulled over and stopped by the police. Not only will they be given a ticket, but can also have their car towed to the impound lot which will then cost them a minimum of 150 dollars to get out. They will also have to show up at a court date and pay the court cost. This could be enough to teach them to pay attention to the speed they are driving at from now on. Then there is the case when a person might not commit a crime in fear of the punishment that they have seen someone else receives for violating the law. For this punishment...
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...to the Industrial Revolution were largely the same, excluding the introduction of crimes enabled by new technology i.e. going over the legal speed limit when driving a car. Examples of said crimes - assault, breaking the Peace, murder, petty treason, seditious words, coining. The crimes previous to the Industrial Revolution were largely the same, excluding the introduction of crimes enabled by new technology i.e. going over the legal speed limit when driving a car. Examples of said crimes - assault, breaking the Peace, murder, petty treason, seditious words, coining. Crimes before the Industrial Revolution Crime Technology – many new inventions in the early 20th century had an effect on crime, but the greatest of these by far was the motor car. Aeroplanes also made international transport and smuggling easier. Beliefs – religious beliefs were declining and attitudes were shaped more by the media rather than the churches. This meant that people were less likely to see some crimes as bad as they would have done when society was shaped by religion. Government – the welfare state that was begun by the Liberals in 1906 gave greater security to all citizens. Although this meant that there was less chances of people living in poor conditions and in poverty, it also meant that there were more laws surrounding the welfare state that could be broken. Car crime The first car appeared on the road in Britain in 1894, by 1930 there were 1 million cars on the road. In order...
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...Alexander, Armond Criminal Investigations 12 November 2011 American Intercontinental University There are many laws that are put in place to help criminal investigators. The laws are put in place to give the criminal investigators a better chance on solving the crime, be effective and deterrence of future crimes. Aberjhani said, “Many may very well continue to ask why more value is placed on technicalities of a law than on a man’s flesh and blood life, especially when there is any amount of “doubt” at all regarding his guilt or innocence.” The value is put on technicalities to unsure that the truth is said and justice is indeed done. There never needs to be a mistake when it comes to justice and the law. Laws are made to help criminal investigators solve the crime and ensure the guilty is caught and punished. The development of new laws causes the criminal investigators responsibilities to change quite often. The new laws can affect the criminal investigators because if they don’t process the case correctly the person that is guilty may walk away free and without being punished to the full strength of the law. A good example is the law stating that a person has to give there confession on video camera in the state of Connecticut. The confession must be recorded on more serious crimes. This means that by law that if the confession is not recorded electronically or digitally that the case may not stick on the person. A guilty individual may squeeze through...
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...measurement and detection of crime, legislation and practice of criminal law, as well as the law enforcement, judicial and correctional systems”. However the research I have done on different Theorists such as DR. Ayman Elzeiny (Egypt), Webster (1959) and Edwin Sutherland, I have learnt that Criminology is hard to define because there are several ways of looking at it. DR. Ayman Elzeiny stated “Criminology can be simply defined as the study of the crime”. He also stated the “Criminology ought before anything to show humanity the way to combat, and especially, prevent, crime”. Another definition I learnt stated “Criminology is the scientific study of crime and criminals” (Webster 1959). An example of scientific study of crime and criminals is using scientific theories such as, Concrete theories which explain observable and verifiable facts. Another Definition I researched and found was one by Edwin H. Sutherland and he stated, “Criminology is the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting toward the breaking of laws. The objective of Criminology is the development of a body of general and verified principles and other types of knowledge regarding and the deliberate pursuit of such knowledge”. This definition is one that is quoted with approval by Wolfgang and Ferracuti. Criminology is combined of law, statistics, sociologists, psychologists, psychiatry and...
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...Criminal Law Evaluation This paper is going to examine both the sources and purposes of criminal law. In addition to Identifying and explaining jurisdiction of individual states, local, and federal enforce of criminal law. Moreover, there are two standards of proof in criminal cases proof beyond reasonable doubt and the other one is a criminal act has to have been committed with criminal intent. Adversarial system is important to the criminal justice system because it consist of two advocates representing two different sides in front of a jury or judge to determine what is true and false. Discuss and differentiate the concepts of criminal liability and accomplice liability. Also, three different types of inchoate offenses that will be discussed are solicitation, conspiracy, and attempt. The purpose of criminal law is to make sure society does not experience harm, to warn them of the consequences, to define what the intent is for all offenses, to inform society of the seriousness of the of offenses, to punish people for their wrong doings, and to make sure the victim and anyone connected including the public receive justice (Schmalleger, 2010). Criminal law also provides society with regulations and informs people of the consequences for breaking the law. For example, it makes a distinction in regard to petty and severe crimes. In addition to conveying criminal laws purpose is to keep society safe by giving and enforcing rules with deterrence, rehabilitation, and punishments...
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...Role and Functions of Law LAW/421 July 7, 2014 Michael Green Law is a large part of our daily lives. In our business lives and in our personal lives, understanding the function and the roles law plays are vital. Laws are everywhere, at our place of business, when the operation of a vehicle is taking place, and many other activities or places individuals decide to partake in on a daily basis. Usually without knowing it, many decisions that are made by us are influenced by some portion of the law that are believed to be understood by an individual. For example stealing is against the law and many of us refuses to do such a thing. Not only because it is wrong, but because it is against the law; and individuals are aware of the consequences of breaking this law. Within this paper a discussion on what the functions and the roles of laws are will be addressed. According to Melvin law is “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (2011). If laws were violated or even broken the strict rules that are associated with these laws are enforced. The law very much so effects the way business are structured and formed. Business owners have to ensure that their organization is following the law when hiring employees. “It is a violation of Title VII of the Civil Rights Act of 1964 to make hiring decisions based upon race. Under the Age Discrimination in Employment Act, meanwhile, it is illegal to discriminate...
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...be punished by law. However, it is very difficult to choose the effective laws to punish or deter the criminals from committing more crimes in the future. Over the years, crime control laws have been questioned because it is critical for the government to choose the right one in order to reduce crimes. While some approaches have proven to be very successful; however, some approaches have not done its job properly. In this essay, we are going to talk about two approaches to crime control: deterrence and retribution. Deterrence is the use of punishment as a threat to deter people from offending or committing crimes. We think that deterrence is very successful due to two reasons. First, it represents as a yardstick to prevent people from breaking the laws. For example, in Singapore they use deterrence in their country and we think that it is very effective. In a picture taken by Mr. Steve Bennett, “A sign present in most MRTs in Singapore, banning food/drink, flammable liquid, smoking. . . .” (Bennett, 2005). Steve’s picture tells us that you cannot smoke or bring flammable liquid when you are in Singapore’s Mass Rapid Transit system. By doing so, you will be fined ranging from $500 to $1000. Nobody wants to lose $1000 because he/she is smoking in Singapore’s MRTs. As you can see, if the deterrent laws are strongly enforced, it will prevent people from breaking the laws. Second, deterrent laws can change people’s behaviors. Nowadays, when it comes to traffic laws in Singapore, people...
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... Criminology is the scientific study of the nature, extent, causes and control of criminal behaviour in both the individual and to society. The term criminology is used for the study of criminal behaviour including factors and causes of crime. There is also the social impact of any crime on the criminal himself and on the victims and their families. People have free will and have the ability to choose how they act, they have the ability to understand the costs to themselves, their surroundings and the environment they live in, through doing a criminal act, and the consequences of potentially being caught and seeing if the benefit of the action is worthy of the end punishment. The term criminology was first ‘invented’ as such in 1885 by an Italian Law Professor who used the word ‘criminologia’, a little later in France, this was changed to the term ‘criminologie’ In turn being changed again into the modern version of ‘criminology’. (Ref from: Criminology – The Art & Popular Culture) Criminology is the body of knowledge regarding delinquency (an offence or misdeed, usually of a minor nature) and crime such as social phenomena (which include all behavior which influences or is influenced by the surrounding area or through people responding to one another.). It includes within its scope the process of making laws, of breaking laws, and of reacting Page 2 towards the breaking of laws. It is aimed at finding the connection between crime and the characteristics of the...
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...Introduction In order to understand the roles and functions of laws one must understand the concepts of law and how it affects businesses and society. Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision (Law, 2012). The discussion in this paper will concentrate on the role of law and the function it serves in business and society. Roles and Functions of Law If we lived in a world where laws did not exist it would be hard for society to function in an effective manner due to the fact that laws govern the actions of people and business. The roles and functions of laws are broken down into many different categories and types. This includes constitutions, statues, common law, administrative regulations and decisions, treaties, ordinances, and executive orders (Bushman, 2007). Constitutions are the formation of fundamental principles of government at state and federal levels. With creating the different branches of government, constitutional law supersedes power from any other branch. This can be accomplished by granting or declining specific powers to each branch, and the prevention of other branches from passing particular laws. Statues and common laws are enacted by elected officials of the legislative branch of government, the administrative principles are parallel to statues, but are endorsed by...
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...Lonnie nettles Criminal Law 290 Instructor: Jill Hudson Phase V IP June 22, 2015 THE CRIMINAL ACTS IN THIS SCENARIO ARE AS FOLLOWS: Criminal conspiracy / Conspiracy to commit a crime: is defined as an agreement between two or more people to commit a crime or to perpetrate an illegal act. Conspiracy crimes that are federal can include conspiracy to engage in criminal activity such as money laundering, conspiracy to violate federal laws, or conspiracy to manufacture drugs or weapons. http://criminal-law.freeadvice.com/criminal-law/criminal- terms. Jane committed this crime when she agreed to accept the five hundred dollars, in exchange for the key. Thinking that Jack was going to commit some sort of crime or / “steal some of her valuables”. For this reason I do think that the woman should be convicted easily of this crime. although the mitigating factor I found should help her during the sentencing phase, and my even provide an adequate defense. Identity Theft: is the crime of obtaining the personal identifying information of another person and using that information to obtain property or information to which he is not entitled, and doing so without the permission of the person whose personal identifying information is used. This is a very rapidly growing area of white collar crime, is international in scope, and is often done with sophisticated computer hacking techniques, but can also be accomplished by simply surfing trash cans. Shredders are good protection...
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...Role and Functions of Law Talitha Foltz July 29, 2013 Law 421 Professor Reed Role and Functions of Law in Business and Society The law supplies many roles within business and society. Laws regulate ethical standards and social behavior. By doing this, the goal is to allow society to run more efficiently. The law provides expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes (Mallor, 2011) Laws are not limited to just governing a checks and balances for the general population. It also allows for checking the government and their power. It can enable for economic growth and social justice. It is important to note that without laws to govern the actions of people and businesses, society would not be able to function effectively, and commerce would likely collapse. The functions of law are extremely complex and need to be broken down into several sections. These include constitutions, statutes, common law, administrative regulations and decisions, treaties, ordinances, and executive orders (Mallor, 2011). Constitutions The constitution is the overall higher law because it provides the fundamental principles of both state and federal law. This is done by creating branches of government that limits and also allows each branch to conduct certain rights and powers, specifically those which limit individual rights. Statutes and Common Law A statute law is a law that is enacted by representatives of the legislative...
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